Elkin-Borgelt, LLC and Sherry Elkin v. Estate of Roger Waldo Borgelt, Individually and Derivatively on Behalf of Elkin-Borgelt, LLC

• Court: Court of Appeals of Texas
• Decided: April 12, 2023
• Docket: 07-23-00038-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-23-00038-CV

ELKIN-BORGELT, LLC AND SHERRY ELKIN, APPELLANTS

V.

ESTATE OF ROGER WALDO BORGELT, INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF ELKIN-BORGELT, LLC, APPELLEE

On Appeal from the 207th District Court Hays County, Texas Trial Court No. 21-0744, Honorable S. K. Tibbe, Presiding

April 12, 2023 MEMORANDUM OPINION Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

Appellants, Elkin-Borgelt, LLC and Sherry Elkin, appeal from the trial court’s

order.1 Now pending before this Court is Appellants’ unopposed motion seeking voluntary

dismissal of the appeal. The Court finds that the motion complies with the requirements

of Rule of Appellate Procedure 42.1(a)(1) and that granting the motion will not prevent

1 Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001. any party from seeking relief to which it would otherwise be entitled. As no decision of

the Court has been delivered to date, we grant the motion. The appeal is dismissed.

Because the motion does not reflect an agreement of the parties concerning the payment

of costs, costs will be taxed against Appellants. See TEX. R. APP. P. 42.1(d). No motion

for rehearing will be entertained and our mandate will issue forthwith.

Per Curiam